SMME Terms & Conditions

NATIONAL PRESIDENTIAL SMME AND COOPERATIVE AWARDS: TERMS AND CONDITIONS

 

  1. BACKGROUND
    • 1.1.  The national presidential SMME and cooperative awards (the Awards) conducted by the Department of Small Business Development (the Department) has appointed an organising committee to plan, coordinate and execute the Awards.
    • 1.2.  Nominations for the Awards close on 13 October 2023; and
    • 1.3.  The Awards will take place on 17 November 2023.
  1. NOMINATION RULES & ELIGIBILITY
  • Rural Based SMME of The Year
  • SMMEs Owned by Persons with Disabilities of The Year
  • Social Enterprise of The Year
  • Startup of The Year
  • Township SMME of The Year
  • Women Led SMME of The Year
  • Best Performing Rural CBI of The Year
  • Youth Led SMME of The Year
  • Best Employing Cooperative of The Year
  • Best Performing Urban (Township) CBI of The Year
  • Breaking Ground SMME of The Year
  • Business Development Service Provider of The Year
  • Homegrown SMME of The Year
  • Cooperative of The Year

 

  • 2.2.  Definitions, descriptions and eligibility criteria for each of the award categories can be found on this link (https://smmeawards.co.za/);
  • 2.3.  Nominations are not open to (i) any director, member, partner, employee, agent of or consultant of the Department or of the advertising or promotion agencies or anyone associated to the Department and its entities, and (ii) such prohibition extends to any spouse, life partner, immediate family members or business partners or any associate of persons listed in (i), and (iii) sponsors who provide financial or non-financial contributions to the awards.
  • 2.4.  Limitations on number of entries per category
    • 2.4.1  Only one nomination per SMME will be permitted in each category.
    • 2.4.2  Only one Cooperative nomination will be permitted in each category.
    • 2.4.3  Only one Ecosystem Support Service Provider nomination will be permitted in each category.
    • 2.4.4  Only one SMME Financier nomination will be permitted in each category.
    • 2.4.5  Only one Corporate ESD Programme nomination will be permitted in each category.
    • 2.4.6  Each category nomination must be submitted separately.
  • 2.5.  Nominees will be notified by email of their nomination, upon which they will be required to submit supporting documentation for adjudication purposes;
  • 2.6.  All correspondence regarding entry/nomination will be directed to the person named on the nomination form. Please ensure that this person is the most relevant contact; and
  • 2.7.  There is no applicable fee payable to submit a nomination for the Awards.
  1. ADJUDICATION PROCESS
    • 3.1  The winners in each category will be selected by the adjudication committee;
    • 3.2  The adjudication committee reserves the right to disregard a nominee if the submission requirements have not been met;
    • 3.3  The adjudication committee will shortlist the award nominees to three finalists using an agreed upon scoring criteria;
    • 3.4  The top three finalists will be informed and invited to attend the Awards by 01 November 2023; and
    • 3.5  The decision of the adjudication committee is final and no further correspondence concerning the Awards or prizes will be considered.

 

  1. AWARD PRIZE
    • 4.1  The winners will receive the following prizes:
      • 4.1.1  A certificate and a trophy;
      • 4.1.2  A cash prize of R 100 000 (one hundred thousand Rand) presented as a cheque; and
    • 4.2  The Awards and their prizes are not transferable or negotiable and may not be exchanged for cash.

CONDITIONS FOR NOMINATION

The Nominee by participating in the Awards agrees to the terms and conditions provided herein. These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communication sent to a Nominee.

 

  • 4.3  Representations and Warranties
    • 4.3.  The Nominee represents and warrants that:
      • 4.3.1.  it agrees to the nomination;
      • 4.3.2.  it is an entity duly registered and incorporated and validly existing under the laws of South Africa;
      • 4.3.3.  the entry into the Awards do not and will not: (i) conflict with any provision of its legal requirements; (ii) conflict with or result in a breach of any of the terms or provisions of or constitute a default or termination event (however described) under any agreement, mortgage or notarial bond or other instrument to which it is a party or which is binding upon it or any of its assets or revenues; (iii) or exceed any limit on its powers; and
      • 4.3.4.  it has the authority, capacity and has taken all necessary action to authorise its entry into the Awards.
    • 4.4.  Image Rights
      • 4.4.1.  The Department and its organising committee will use or display the Nominee’s name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications anywhere in the world for an indefinite period for the purpose of promoting the Awards.
      • 4.4.2.  The Nominee consents to the use or display of their name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications anywhere in the world for an indefinite period by the Awards and the Department for the purpose of promoting the Awards.
      • 4.4.3.  The Nominee waives and releases the Awards and its organising committee from any claim for remuneration resulting from the use or display of the Nominee’s name, voice, likeness, image, appearance, or biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, publicity, sales and marketing brochures, books, magazines, CDs, DVDs, tapes, or any other print or electronic media or other publications.
    • 4.5.  Processing of Personal Information (as defined in the Promotion of Access to Information Act, Act No. 2 of 000 and Protection of Personal Information Act, Act No. 4 of 2014).
      • 4.5.1.  It is recorded that the information in relation to the Nominee, the nomination form and the documents contemplated in the Awards, provided to the organising committee from time to time may constitute personal information;
      • 4.5.2.  The nominee understands the purpose for which their personal information is required and for which it will be used for and consent to third parties accessing such personal information and to award organisers to share personal information for reporting purposes.
      • 4.5.3.  The Nominee specifically and unconditionally consents to the Awards and the Department –
        • 4.5.3.1.  Processing –
          • 4.5.3.1.1.  within the Department, or the organising committee any other entity related to it, or with whom it is in a joint venture and/or partnership or similar arrangement, or any Entity that renders services to the organising committee or otherwise conducts business under a name which includes the organising committee or any variation thereof (including their subsidiaries, parties that are related or inter-related to them and/or their affiliated companies, to the extent applicable) and/or any trust founded by the organising committee for its own operations and/or any entities that are related and/or inter-related to those trusts, as the case may be, and all such entities’ successors-in-title and/or practice, (wherever any such members may be located, including in countries which may not have data-protection laws similar to South Africa);
          • 4.5.3.1.2.  on infrastructure belonging to any third party with whom the organising committee and/or any member of the Department enters into an operator agreement;
          • 4.5.3.1.3.  the personal information which the Nominee or any of its subsidiaries, affiliates, consultants or advisors, or employees provide to the organising committee, for any purpose in order for the Department / organising committee to agree to selecting the Nominee for the Awards;
          • 4.5.3.1.4.  storing any and all information constituting personal information for an indefinite period;
          • 4.5.3.1.5.  transmitting such personal information to other persons (wherever they may be located, including in countries which may not have data-protection laws similar to South Africa) as the Department and the organising committee may deem necessary for the purposes of implementing the Awards; and
          • 4.5.3.1.6.  keeping any documentation or other instruments provided to the organising committee pursuant to the Awards.
        • 4.5.4.  The submission by the Nominee of any personal information to the Department and/or any members of the organising committee in any form in respect of these Awards, constitutes an acknowledgement by the Nominee that such conduct is authorised and constitutes an unconditional, specific and voluntary consent to the processing of such information.
        • 4.5.5.  The Nominee understands and gives consent that their personal information, including in the form of photographs or video recordings may be processed for the Department’s marketing or related programs, as well as any Department’s events on television or other transmission or broadcasting platforms including the internet or Apps that are used in the broadcasts.
        • 4.5.6.  The Nominee confirms that it has obtained the consent of the shareholders and the subsidiary/ies of the Nominee, as the case may be, whose personal information is provided to the Department and/or the organizing committee for the processing of such information by the Department and organizing committee for the aforementioned and related purposes. The Nominee hereby indemnifies and holds harmless the Department and the organizing committee against any loss, liability, damage or expense (including interest and penalties) suffered or incurred by the Department due to the Nominee’s failure to obtain the necessary consent.
  1. INDEMNITY
      • 5.1.  The Department reserves the right to amend, postpone, suspend or cancel the Awards immediately and without notice. In the unlikely event of such happening, as far as the law allows, all Nominees acknowledge that they will have no recourse against the Department.
      • 5.2.  The Nominee indemnifies the Department, its partners, its organising committee, its members, directors and employees against all claims, losses, intellectual property theft, demands, actions, damages and causes of action whatsoever arising directly or indirectly out of acts connected with or arising out of the Awards, whether suffered by them or any other third party, and they hold the Department harmless there from.
      • 5.3.  The Nominee agrees that the Department, its partners, its organising committee, its officers, employees and agents will not be and/or are not responsible for any injuries, property damage or liability that may arise from their participation in the Awards.
      • 5.4.  The Nominee assumes full responsibility for their decision to participate in the Awards.
      • 5.5.  The Nominee releases and agrees to indemnify and hold the Department, its partners, its organising committee, its officers, employees and agents free and harmless from any and all costs, losses, expenses, damages (direct, indirect, consequential or otherwise), claims, suits, causes of action or any other liability or responsibility whatsoever, including attorney’s fees and related costs, resulting from any injury to any persons or damage to or theft of property arising out of, or which in any manner be connected with the Awards.

     

  2. GENERAL

 

  • 6.1.  The laws of the Republic of South Africa shall govern the Awards’ terms and conditions and the courts of South Africa shall have exclusive jurisdiction.
  • 6.2.  If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.
  • 6.3.  For further information including dates and operating times of the Awards or to request a copy of these terms and conditions go to the following (https://smmeawards.co.za/).